Andrew Bain 'ready and willing' to help with State Attorney-elect Monique Worrell transition, despite email

ORLANDO, Fla. - Florida State Attorney Andrew Bain told his staff that he respected the results of the 2024 election, but that he was unable to help with the transition of power to State Attorney-elect Monique Worrell nor her team until Gov. DeSantis gave him permission to do so, according to an internal email sent to his staff obtained by FOX 35.

Rep. Anna Eskamani shared screenshots of the purported email on her social media, calling it "ridiculous."

"While I accept the results of the election and wish to do everything I can to ensure the Office is successful going forward, I do not yet feel I can assist her in that transition because of the clear language of Executive Order 23-160 suspending Ms. Worrell…" the email reads.

In a statement Monday afternoon, State Attorney Andrew Bain's Office acknowledged that Bain had emailed his staff about Worrell's transition on Monday, but seemed to backtrack on allegations that he was uncomfortable with the transition timeline or process.

"On Monday, State Attorney Andrew Bain sent an email to staff regarding the future of the State Attorney’s Office for the Ninth Judicial Circuit. We have received several questions regarding the email and are providing the following statement in response to those questions," the statement read.

"The state attorney is ready and willing to ensure a smooth transition. The state attorney’s term ends Jan. 6, 2025, and he will no longer be in office. Ms. Worrell’s term will begin Jan. 7, 2025. It is the intent of the state attorney to enforce the will of the people."

Florida Gov. Ron DeSantis suspended Worrell as State Attorney in August 2023 via executive order for dereliction of duty and negligence, alleging that she was soft on crime and disregarded mandatory minimum sentences for certain cases that came through her office. She was the second state attorney to be suspended by DeSantis.

DeSantis then appointed Bain, a former judge on the Ninth Judicial Circuit, to fill her position. Worrell filed a lawsuit to get her job back, but a federal judge upheld the suspension, which Gov. DeSantis cited powers in the state constitution.

Bain said in his apparent email that neither the executive order nor the Florida Constitution provide a time limit on Worrell's suspension and until the governor rescinds it, he cannot do anything to help with the transition.

"I have not yet received an order from the governor rescinding (the order), and Ms. Worrell never requested a senate hearing," he said in the email. You can read the full email below.

Read Andrew Bain's email to staff:

Greetings Team,

I write you all today with gratitude for all the amazing things you have accomplished these past sixteen months. Your hard work and dedication have turned this office around. In just over a year, we’ve gone from an office without enough attorneys to one capable of hiring top legal talent and employing years of prosecutorial experience. We’ve gone from an office where many did not know the law to one that understands and bravely enforces it. We’ve picked one another up time and again and become what I hoped for when I was appointed—not just a team but a family. It is because of my feelings for you as a family that I write today.

Florida law states the term of the State Attorney begins on January 7, 2025. Monique Worrell, winner of the election for State Attorney last month, has reached out to our office to begin a transition to her administration. While I accept the results of the election and wish to do everything I can to ensure the Office is successful going forward, I do not yet feel I can assist her in that transition because of the clear language of Executive Order 23-160 ("Executive Order") suspending Ms. Worrell pursuant to Article IV, Section 7 of the Florida Constitution. Section 2 of the Executive Order expressly states that, "Monique Worrell is hereby prohibited from performing any official act, duty, or function of public office . . . during the period of this suspension, which period shall be from the effective date hereof, until a further executive order is issued, or as otherwise provided by law." The Executive Order does not provide a time limit on her suspension, and neither does the Florida Constitution. I am also guided by the Florida Supreme Court’s opinion in Jackson v. Desantis, 268 So.3d 662, 663 (Fla. 2019), and particularly Justice Logoa’s concurrence directly stating that a Governor’s order of suspension is only resolved by an order rescinding the suspension or a hearing and decision from the Florida Senate. I have not yet received an order from the Governor rescinding EO 23-160, and Ms. Worrell never requested a Senate hearing. Without one of these things, I do not feel I can lawfully assist in a transition to an individual whose lawful suspension was affirmed by the Florida Supreme Court.

We are living through an unprecedented legal event without clear answers. While I will immediately comply with an order of the Governor rescinding his prior executive order, I do not know if or when that will come. I understand all of you have careers and families to attend to and I cannot expect you to remain here without clear answers if it is your desire to depart rather than go through a change of administration. Since I cannot guarantee what will happen, I encourage you each to do what is best for you and your families at this point and will not think less of anyone who seeks employment elsewhere. However, if you wish to stay longer to see the outcome, I will consider payouts of sick and vacation leave on an individual basis for that otherwise eligible despite being inside our policy’s 30-day window.

Since everyone’s situation is different, I encourage you to seek out myself, the Chief Assistant, or the Deputy Chief Assistant with individual questions or concerns. I once again thank you for everything you’ve done and remain confident this matter will be lawfully resolved.

Thank you all from the bottom of my heart.

Andrew Bain sends a second email

State Attorney Andrew Bain then sent a second email, obtained by FOX 35, at 3:19 p.m. "to provide clarity."

"I want to provide clarity that Monique Worrell will take office on January 7, 2025, and that my term will end January 6, 2025. It is my intention to provide any assistance I can to ensure the office continues to operate smoothly for the benefit of our community during this transition. It is also my expectation that every member of the office will do the same. Thank you again for all your hard work on behalf of the citizens of the Ninth Judicial Circuit," his email read.

Monique Worrell responds: ‘disheartened, but not surprised’

In a statement, Worrell said she was "disheartened, but not surprised" that Bain was "refusing" to aid in the peaceful transition of power, referring to her suspension by Gov. DeSantis as "nothing more than a political stunt."

"Today, I am disheartened, but not surprised to learn that Andrew Bain is refusing to facilitate the peaceful transition of his appointed administration. This refusal is not only a betrayal of democratic principles, but also a stark reminder of the lengths to which some will go to cling to power," Worrell said.

"Let me be absolutely clear – I was elected to restore justice, fairness, and integrity to this office. I will not be deterred. Any delay in the transition process is a direct affront to the people this office serves. This is not about me – it's about the people of this community who deserve competent, accountable leadership that works for them, not political interests."

FOX 35 has reached out to Bain's Office and Gov. DeSantis' office for comment.

Could Gov. DeSantis remove Monique Worrell again?

Monique Worrell is removing the word "former" from her title of "State Attorney." Worrell won two-thirds of the vote in 2020, but Gov. Ron DeSantis removed her from the position, accusing her of incompetence and neglect of duty. Could it happen again?

Worrell defeated Bain in the general election Nov. 5. She won with 413,898 votes (57.5%), compared to Bain's 305,870 (42.5%). Worrell is set to take office Jan. 7, 2025.

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